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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0509.01 JBB HOUSE BILL 98­1197

STATE OF COLORADO

BY REPRESENTATIVE Leyba;

also SENATOR Perlmutter.

JUDICIARY

A BILL FOR AN ACT

CONCERNING THE YOUTHFUL OFFENDER SYSTEM, AND, IN CONNECTION THEREWITH, PROVIDING FOR SENTENCES TO SUCH SYSTEM FOR CERTAIN JUVENILES WHO ARE CONVICTED OF CLASS 2 FELONIES.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Authorizes the court to sentence to the youthful offender system in the department of corrections a juvenile convicted of a class 2 felony who, if sentenced as an adult, would be eligible for parole prior to the juvenile's 25th birthday. For such juveniles, allows the court to sentence the juvenile to up to 7 years in the youthful offender system.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  19­2­517 (3) (a), Colorado Revised Statutes, is amended to read:

19­2­517.  Direct filing. (3) (a)  Whenever criminal charges are filed by information or indictment in the district court pursuant to this section, the district judge shall sentence the juvenile as follows:

(I)  As an adult; or

(II)  To the youthful offender system in the department of corrections in accordance with section 16­11­311, C.R.S., if the juvenile is convicted of an offense described in subparagraph (II) or (V) of paragraph (a) of subsection (1) of this section; except that A JUVENILE SHALL BE INELIGIBLE FOR SENTENCING TO THE YOUTHFUL OFFENDER SYSTEM if a person THE JUVENILE is convicted of:

(A)  A class 1 or class 2 felony;

(B)  A CLASS 2 FELONY AND THE JUVENILE WOULD NOT BE ELIGIBLE FOR PAROLE ON OR BEFORE THE JUVENILE'S TWENTY­FIFTH BIRTHDAY PURSUANT TO THE PROVISIONS OF SECTION 17­22.5­403, C.R.S.;

(C)  Any sexual offense described in section 18­6­301 or 18­6­302, C.R.S., or part 4 of article 3 of title 18, C.R.S.; or

(D)  A second or subsequent offense described in said subparagraph (II) or (V) for which such person received a sentence to the department of corrections or to the youthful offender system; such person shall be ineligible for sentencing to the youthful offender system; or

(III)  Pursuant to the provisions of this article, if the juvenile is less than sixteen years of age at the time of commission of the crime and is convicted of an offense other than a class 1 or class 2 felony, a crime of violence as defined under section 16­11­309, C.R.S., or an offense described in subparagraph (V) of paragraph (a) of subsection (1) of this section and the judge makes a finding of special circumstances.

SECTION 2.  16­11­311 (2) (a), Colorado Revised Statutes, is amended to read:

16­11­311.  Sentences ­ youthful offenders ­ legislative declaration ­ powers and duties of district court ­ authorization for youthful offender system ­ powers and duties of department of corrections. (2) (a) (I)  A juvenile may be sentenced to the youthful offender system created pursuant to this section under the circumstances set forth in section 19­2­517 (3) (a) (II), C.R.S. In order to sentence a juvenile to the youthful offender system, the court shall first impose upon such person a sentence to the department of corrections in accordance with section 18­1­105, C.R.S. The court shall thereafter suspend such sentence conditioned on completion of a sentence to the youthful offender system, including a period of community supervision. The court shall impose any such sentence to the youthful offender system for a determinate period of not less than two years nor more than six years; EXCEPT THAT A JUVENILE CONVICTED OF A CLASS 2 FELONY WHO WOULD BE ELIGIBLE FOR PAROLE PRIOR TO THE JUVENILE'S TWENTY­FIFTH BIRTHDAY PURSUANT TO THE PROVISIONS OF SECTION 17­22.5­403, C.R.S., MAY BE SENTENCED TO A PERIOD OF UP TO SEVEN YEARS. with authority granted to The department of corrections HAS THE AUTHORITY to place a youthful offender under a period of community supervision for a period of no less than six months and up to twelve months any time after the date on which the youthful offender has twelve months remaining to complete the determinate sentence. The court may award a juvenile sentenced to the youthful offender system credit for presentence confinement; except that such credit shall not reduce the juvenile's actual time served in the youthful offender system to less than two years. The court is encouraged to have a presentence investigation conducted before sentencing a juvenile pursuant to this section.

SECTION 3.  Effective date ­ applicability. (1)  This act shall take effect September 1, 1998, unless a referendum petition is filed during the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution. If such a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

(2)  The provisions of this act shall apply to sentences entered on or after the applicable effective date of this act.